What constitutes negligence as a proximate cause in a medical malpractice case?

"New York", United States of America

The following excerpt is from Mazella v. Beals, 2016 N.Y. Slip Op. 05182, 27 N.Y.3d 694, 37 N.Y.S.3d 46, 57 N.E.3d 1083 (N.Y. 2016):

A defendant's negligence qualifies as a proximate cause where it is a substantial cause of the events which produced the injury (Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315, 434 N.Y.S.2d 166, 414 N.E.2d 666 [1980] ). However, [w]here the acts of a third person intervene between the defendant's conduct and the plaintiff's injury, the causal

[57 N.E.3d 1091]

[37 N.Y.S.3d 54]

Other Questions


What is the test for medical negligence in the context of medical malpractice cases? (MultiRegion, United States of America)
Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
Does the failure to appoint an expert in a medical malpractice case constitute a constitutional violation? (MultiRegion, United States of America)
What is the test for barring medical malpractice claims that allege negligent medical care caused the death of a service member? (MultiRegion, United States of America)
Does gross negligence in a medical malpractice case constitute a civil rights violation? (MultiRegion, United States of America)
What constitutes a "serious medical need" in a medical malpractice case? (MultiRegion, United States of America)
What constitutes gross negligence in a medical malpractice case? (Canada (Federal), Canada)
Is there any case law supporting a cause of action for negligence in the context of medical malpractice? (MultiRegion, United States of America)
Does a violation of a federal statute in a medical malpractice case constitute a private cause of action? (MultiRegion, United States of America)
What is the test for proximate cause in medical malpractice cases? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.